Amrik Singh Vs Harmeet Kaur — Calcutta HC (2024) — LawSathi Research

Amrik Singh Vs Harmeet Kaur — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction upon the learned court below to dispose of Misc. Case No.4 of 2023 within six months from the next date fixed and, thereafter, the Matrimonial Suit within a year, provided the husband pays the maintenance pendente lite directed by the learned court; adequate opportunity to contest; copies of the application and order to be served on the opposite party; no order as to costs.

Issue for consideration

Whether the pending Misc. Case No.4 of 2023 and Matrimonial Suit No.51 of 2022 before the Learned Additional District Judge, 3rd Court at Asansol should be disposed of expeditiously.

Court's answer

The Court held the petitioner's prayer innocuous; neither party stands to lose if a proceeding is disposed of expeditiously.

Ratio / Principle

Since expeditious disposal enures to the benefit of the parties, there is no requirement for service of prior notice upon the opposite party.

Key takeaways

The revisional application is disposed of with a direction upon the learned court below to dispose of Misc. Case No.4 of 2023 within a period of six months from the next date fixed.ratio¶11
Upon disposal of the misc. case, the suit shall be disposed of within a year, provided the husband pays the maintenance pendente lite that may be directed by the learned court.ratio¶11
Adequate opportunity shall be given to the parties to contest the proceedings.

Detailed headnote1 paragraphs

Revisional application (C.O. 2428 of 2023) by the husband praying for expeditious disposal of Misc. Case No.4 of 2023 (maintenance pendente lite application pending since long) and Matrimonial Suit No.51 of 2022 (at the stage of framing of issues), both pending before the Learned Additional District Judge, 3rd Court, Asansol. Finding the prayer innocuous and beneficial to both parties, the Court dispensed with prior notice to the opposite party and disposed of the application, directing the court below to dispose of the Misc. Case within six months from the next date fixed and, thereafter, the suit within a year, provided the husband pays the maintenance pendente lite directed by the learned court, with adequate opportunity to both parties to contest. No opinion was expressed on the merits; the court below is to proceed independently and in accordance with law; no order as to costs.

Item No.11

19.03.2024 Court. No. 19 GB

C.O. 2428 of 2023

Sri Amrik Singh Vs.

Smt. Harmeet Kaur

Mr. Arka Pratim Chowdhury, Ms. Shreya Chakraborty

… for the Petitioner.

The petitioner prays for expeditious disposal of the Misc. Case No.4 of 2023 as also Matrimonial Suit No.51 of 2022. The proceedings are pending before the Learned Additional District Judge, 3^rd Court at Asansol.

According to the petitioner, the suit is at the stage of framing of issues and the wife has also prayed for maintenance pendente lite. The said application is pending since long.

Considering the submissions, this Court is of the view that the prayer of the petitioner is innocuous. Neither party stands to lose if a proceeding is disposed of expeditiously. In fact, such expeditious disposal shall enure to the benefit of the parties. Hence, there is no requirement for service of prior notice upon the opposite party.

The revisional application is disposed of with a direction upon the learned court below to dispose of the Misc. Case No.4 of 2023 within a period of six months from the next date fixed. Thereafter, upon disposal of the misc. case, the suit shall be disposed of within a year, provided the husband pays the maintenance pendente lite that may be

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directed by the learned court. Adequate opportunity shall be given to the parties to contest the same.

This court has neither expressed any opinion on the merits of the misc. case nor on the merits of the suit. The learned court shall proceed independently and in accordance with law.

A copy of the revisional application, along with a server copy of this order be served upon the opposite party and/or the learned advocate contesting the matter on behalf of the opposite party in the learned court below.

The revisional application is accordingly disposed of. There shall be no order as to costs.

Parties are to act on the server copy of this order.

(Shampa Sarkar, J.)